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<br />City of SIIIIIIY Isles Beach <br /> <br />18070 Collins Avcnue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />withhold payment on the contested amounts until they are resolved by agreement with <br />Consultant. <br /> <br />5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an <br />independent contractor and shall be treated as such for all purposes. Nothing contained in <br />this Agreement or any action of the parties shall be construed to constitute or to render the <br />Consultant an employee, partner, agent, shareholder, officer or in any other capacity othcr <br />-than as an independent contractor other than those obligations which have been or shall have-- <br />been undertaken by the City, Consultant shall be responsible for any and all of its own <br />expcnses in performing its duties as contemplated under this Agreement. The City shall not <br />be responsible for any cxpcnse incurred by the Consultant. The City shall have no duty to <br />withhold any Federal income taxes or pay Social Security services and that such obligations <br />shall be that of the Consultant, other than those set forth in this Agreement. Consultant shall <br />furnish its own transportation, office and other supplies as it detcrmines necessary in carrying <br />out its duties under this Agreement. <br /> <br />6. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by <br />the Consultant pursuant to this Agreement and related Services to this Agreement are <br />intended and represented for the ownership of the City only. Any other use by Consultant or <br />other parties shall be approved in writing by the City. If requested, Consultant shall deli vcr <br />the documents to the City within fifteen (15) calendar days. <br /> <br />7. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its <br />officers, agents, and employees from, and against, any and all claims, actions, liabilities, <br />losses and expenses including, but not limited to, attorney's fees for personal, economic or <br />bodily injury, wrongful death, loss of or damage to propcrty, at law or in equity, which may <br />arise or may bc alleged to have risen from the negligent acts, errors, omissions or other <br />wrongful conduct of the Consultant, agents or othcr personal entity acting under Consultant's <br />control in connection with the Consultant's performance of Services pursuant to that <br />Agreement and to that extent the Consultant shall pay such claims and losses and shall pay <br />all such costs and judgments which may issue from any lawsuit arising from such claims and <br />losses including wrongful tcrmination or allegations of discrimination or harassment, and <br />shall pay all costs and attorneys' fecs expended by the City in defense of such claims and <br />losses including appeals. The parties agree that ten percent (10%) of the total compensation <br />is a specific consideration from the City to the Consultant for this indemnity. <br /> <br />Consultant shall, at its own sole cost and expense, during the period of any work being <br />performed under this Agreement, procure and maintain the following minimum insurance <br />coverage to protect the City and Consultant against all loss, claims, damage and liabilities <br />caused by Consultant, its agents, Consultant's or employces, as more particularly set forth <br />below: <br /> <br />General liability insurance, including broad form contractual liability coverage for <br /> <br />3 <br /> <br />C0607-023 Bell David Planning Group, Inc. Consultant Agreement <br />